FIBA 2008 FIBA vs Damien Lamone Kinloch

In March 2008 the Turkish Basketball Federation (TBF) has reported an anti-doping rule violation against the Player after his sample tested positive for the prohibited substance cannabis.
The TBF notified the Player and ordered a provisional suspension.
In June 2008 the Turkish Club Alpella Basketbol Kulübü terminated the employment contract with Player and the TBF Disciplinary Board decided a 2 year period of ineligibility starting from the date of the notification.

In June 2008 the Turkish Board of Arbitration of the Directorate of Youth and Sports dismissed Player’s appeal against the previous TBF Disciplinary Board decision. Hereafter in September 2008 the Player’s appealed to the FIBA. The Player filed a statement in his defence and was heard for the FIBA Disciplinary Panel. Player stated he denied that he had used cannabis; the doping procedure was invalid; and Player claimed he had insufficient time to decide he wanted the B sample to be tested.
The Panel finds the laboratory test reliable and valid; and the Player had all the necessary time to request the opening of the B-sample.

The Panel concludes that the Player had no intention to enhance his sport performance but also committed a second anti-doping rule violation. Because in 2005 the Player was suspended for 4 games for a doping violation in France after his sample tested positive for cannabis.
Therefore the FIBA Disciplinary Panel confirms the TBF Disciplinary Board decision for a 2 year period of ineligibility starting from the day in which the Player was provisionally suspended, i.e. on 15 April 2008.

Original document

Parameters

Legal Source
Decisions International Federations
Date
25 September 2008
Arbitrator
Günter, Heinz
Mizzi, Antonio
Original Source
International Basketball Federation (FIBA)
Country
Turkey
United States of America
Language
English
ADRV
Adverse Analytical Finding / presence
Legal Terms
International Standard for Laboratories (ISL)
No intention to enhance performance
Period of ineligibility
Procedural error
Second violation
WADA Code, Guidelines, Protocols, Rules & Regulations
Sport/IFs
Basketball (FIBA) - International Basketball Federation
Other organisations
Türkiye Basketbol Federasyonu (TBF) - Turkish Basketball Federation
Laboratories
Ankara, Turkey: Turkish Doping Control Center (TDKM)
Analytical aspects
B sample analysis
Reliability of the testing method / testing result
Doping classes
S8. Cannabinoids
Substances
Cannabis (THC)
Document type
Pdf file
Date generated
2 September 2013
Date of last modification
27 February 2014
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  • Laboratories
  • Analytical aspects
  • Doping classes
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  • Various
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